The process of filing for a divorce can be long and tedious, especially when it comes to determining who gets what. In some cases you and your spouse are ending on good terms, and working through the property division is not as painful; however, there are also couples that cannot reach an agreement no matter how hard they try. For this very reason, states have established different laws regarding the division of property in the event of a divorce to act as a say all in the event that spouses are unable to reach a settlement. There are often many questions regarding this topic, so continue reading to learn more about frequently asked questions dealing specifically with equitable distribution states.

What does equitable distribution of property mean? This is a very important question to consider because depending on the state you live in will determine how the property will be split in your divorce. The majority of states in the U.S. fall under this category except for Wisconsin, Washington, Teas, New Mexico, Nevada, Louisiana, Idaho, California, and Arizona. Equitable distribution does not by any means stand for "equal" division of property, but rather it is a way of determining what is most fair for the spouses in the event of the split. Equitable division requires that whatever is considered to be marital property (that which was acquired during the time of the marriage) be split fairly.

If we agree on the division, does this law still apply? Fortunately, this law acts more as guidelines and is enforced only in the event that spouses are unable or unwilling to come to an agreement on the splitting of the property after the divorce. For many couples monetary values are not the only important things in the divorce, and if you and your spouse are able to work through what is important and valuable to each of you, then there is no need for the law to affect you two. Despite that fact, it is still encouraged to have an attorney who can help you with the legal factors that related to the dividing up of your properties, assets, etc.

Does everything we have apply to these laws? No. When you and your spouse decide to divorce, only your marital property can be spilt during equitable distribution. Separate property will include your family inheritance, property you owned before marriage (or after the time it was officially filed) and even gifts given by a third party member. However, if your spouse gives you a gift while you are married that is still considered to be martial property.

Understanding equitable does not mean equal, how does the court decide what is fair when dividing? There are a few factors that the court will take into account when working through your settlement, trying to seek what is fair in the split; though that may not be a 50/50 split. These factors include:

• The income/ability to earn of each spouse
• The value of separate property that each spouse has (this includes their retirement plans, interest in businesses, stocks, etc.)
• How much each spouse financially contributed to their marital property
• How much each spouse financially contributed to the education/power to earn of the other spouse (did they pay for a college degree)
• Future financial needs of each spouse (taking into consideration their cost of living, liabilities, etc.)
• The health and age of each spouse plays a role (if one is ill they will need support for treatments)
• The liquid value of the total marital property
• Any nuptial agreements that were made before or during the marriage
• Alimony or maintenance payments

If you are considering a divorce, contact a divorce and family lawyer in your area to learn more about the process and how they can help you!